Civics 101 Is same-sex marriage in legal peril?
Aug 26, 2025
Join Danaya Wright, a Constitutional Law Professor at the University of Florida, as she delves into the potential legal challenges facing same-sex marriage. They discuss the implications of Kim Davis' recent petition to overturn Obergefell and how this could parallel other overturned precedents like Roe v. Wade. Wright also explores the evolving landscape of privacy rights, the responsibilities of public officials, and reassures listeners about the current security of same-sex marriage rights while emphasizing the need for vigilance.
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Kim Davis' Challenge To Obergefell
- Kim Davis is the Rowan County clerk who refused to issue licenses to same-sex couples and was jailed for five days.
- She later filed a writ of certiorari asking the Supreme Court to revisit Obergefell this July.
Obergefell's Constitutional Basis
- Obergefell found that same-sex couples have a fundamental right to marry under the Due Process Clause.
- That ruling rests on substantive due process, a historically contested constitutional doctrine.
The Fragile History Of Substantive Due Process
- Substantive due process has shifted roles across eras, protecting economic rights in Lochner and personal liberties later.
- Its vagueness makes it politically and legally vulnerable when justices disagree about judicial activism.